There are two principal procedural grounds oil which an otherwise meritorious motion to remand maybe denied: untimeliness
It is MCII's position that the request should be dismissed in its entirety based on the res judicata effect of the Court decision and/or on the basis of untimeliness
Keats's verse thinks through questions about human subjectivity and its horizons and limits in the world with an immense imaginative range, and his meditations on selfhood are often made all the more poignant and interesting by their at times startling untimeliness
In his posthumous collection On Late Style: Music and Literature Against the Grain (2007), Said employs Adorno's thorny writings on Spatstil to explore the final works of several writers, composers, poets, and musicians, contrasting the "unearthly serenity" of those artists whose late works "crown a lifetime of aesthetic endeavor"--Said cites Sophocles, Matisse, Bach, Shakespeare, and Rembrandt--with the "nonharmonious, nonserene" artists given to untimeliness
, fragmentation, and rupture, who refuse resolution, create anxiety, and indulge in anomaly, such as Genet, Lampedusa, and, following Adorno's primary example, Beethoven.
The court held that the detainee did not state a claim under [section] 1983 that inadequacies in the jail's law library violated his First Amendment right of access to the courts, even if he alleged that such inadequacies caused the filing of his appeals to be untimely, in the absence of an allegation that such untimeliness
had an actual adverse impact on the appeals.
In its opinion, the court undertook a comprehensive analysis of whether plaintiffs various filings were allowed to be filed on account of their untimeliness
, ultimately concluding that it could not amend its complaint or file opposition to a previous court order, but that it could file a late counter-statement under Local R.
Further, she testified that her motivation in making the remittance was that no penalties be assessed against the estate due to untimeliness
of the creditor's complaint after the court had
However, the board's findings of fact suggest that untimeliness
was at least incorporated by reference in the termination notice.
1999) (permitting inmate to file untimely petition when untimeliness
was product of former counsel's essentially abandoning his client during the period for filing the petition).
37) The availability of postconviction relief is hardly a satisfactory alternative; aside from its untimeliness
, it is available only if defendants are aware of the issue and are capable of raising it themselves.
The Health Care Agency is commonly known for withholding information, unresponsiveness, untimeliness
, and a reluctance to place information in writing where greater accountability standards can be satisfied.